The Sun. — London, England, 1809-08-01 00:00:00

PRICE OF STOCKS THIS DAY AT TWILVE O'CLOCK. Consols - - 68 I Omni= . . . I pr. THE SUN. SOLIS& Q'jliS DICZaI lALSIUM. AUDIAT (IN Q IV, TUESDAY, AUGUST - 1809. No intelligence has been received from the Aus trian Government, either by „Ministers or by . ,the Austrian Ambassador, ,of so late as thet I2th-ult• when the Armistice was concluded : we have there- . fore no other information upon the subjea, except that communicated in the French Bulletins. We cannot, however, but entertain a hope, , if. a Peace has not actually been 'concluded between France and Anstria, that the arrival o' our Expedition oil the Coast of Holland will ~produce a strong effect upon the Emperor of Austria, and induce him to persevere in the efforts which he so-gloriously made to main tain the ItidePe . tiderice of his Empire.' It has been reported, on the authority of 'private Letters, •that BUOTLPARTB has returned to Paris ; but we can hardly 'suppose that he would quit Vienna while a Negotiation. for Peace was pending. 'When this Paper was put to Preis, rio official in-' telligence had reached the Adcniralty from the gi palit ion. A number of reports have been circu lated, of letters having been received from Officers engaged in the. Expedition, stating that the French had evacuated the Island of Walcheren, kg, &c. but it is hardly necessary to say that they are un f.onded. If such an ev6nt . had taken pike, Go . vernmalt would of course have receive& an account ofit sooner than any private individual. Some more ilinerican•Papers, to the 27th instant, have bee❑ received. The Non-Intercourse Aet has Ixen renewed, but this has been represented rather as a matter of course, until:a final arrangement takes place, than as indicative of any, spirit of hostility in the American Government against this Country. In the House ofliepresentatives, however, this subjeCt produced warm debates, and even personal alterca tions of considerable violence. The following ob servations ;re made in one of the American Papers, upon the proceedings in Congress : " The Public will now be apprised of the obje4 of Mr. GILES, in Senate, and Mr. J. G. JACKSON, in . the House, dishing up such a curious mess of political cookery as the New Non-Intertourse It is to smuggle into the Statute-book a legal pro vision excluding British armed. vessels • from our ports, henceforth and for ever hereafter, unless ad mitted by treaty. In the .present, situation of af fairs between- the two countries, it will require' much forbearance and magnanimity, on the part of the British Government, to prevent a re.; newal of all our_ difficulties, if this proje& be persisted in. Let it not Woo rashly be concluded that this is a plan of the President. There is reason to suspe& the existence of a coolness be tween him and Mr: GILES ; and the connec tion between the MADISON and the JACKSON fa milies has been weakened, if not dissolved, by the 'death of Mrs.JAcKsoN and her children. No one here yet has doubted the sincerity of the President in his late measures, and no correet politician can doubt that this projed is inconsistent with the spirit of those measures, and extremely impolitic in itself at the present moment —But can we gather grapes of thorns, or figs of thistles?" Yesterday morning, his MAJESTY, Princesses'Am- GLTSTA and SOPHIA, accompanied by Lord..WAL EINGHAbI,Lady I. THYNi`B, Generals CARTWRIGHT and FiTzfroY, and' Colonel TAYLOR, rode in. the Great Park, arid returned at twelve. . Wd are happy to inform the Public, that Dr.PoFE has annonnced Princess AMELIA out of danger, and tthat her Royal Highness is in a fair, way of recovery. - The-Princess of WALES again visited the LY CEUM Theatre last night. Lady. CARLISLE, Lord WILLIAM GORDON and his Lady were also Present, and the boxes were filled with fashionable 'cha racters. The speech against tyranny in the last act waS. delivered by RAYMOND, and the audienCe applied' it to the French Usurper, with loud and reiterated applause.' To-day the Lor&-Mayor. was under the necessity f raising the price of Bread 2d. per peck. In the postscript to the Kingston Royal Gazette, at the 10th Of June, we . have a long Report of,the Ctutunittee appointed to incidire into the circum stance, of the mutiny of the 2d, West .India Regi-. The principal objet of this examination was ti) ascertain whether' the mutiny originated with the mritits.ouiy, or whether the 'veteran soldiers were gist) concerned. The report states,, " That the re cruits must. have had reason, in consequence of pre ions communication, to expeCt the support of some part • of the regiment, or they would not have so rushed forward, 'proceeding direetly towards the front and rear of the regiment, and_ halting in the rear of the grenadiers with charged bayonets, they being 'cimnparatively few in number, and not having the advantage of atumunition.'? It seems that the Committee had much difficulty in obtaining evi.; .deuce. A persOn styled Dr. RICHARD CHAMRER LAYNE having refused to attend the Committee, the Speaker of the House of Assembly issued his war xaAtt to take him into custody. frlt'lll, ; 7 _ NAVAL NEWS. PoRTSMOUTH,_ Jo LY 3 i.—The Hawke, Captain BOUCHIER, with a convoy for the coast of Africa ; the Eyderen, Captain PENGELLY, with # convoy for the Mediterranean; and - the Jaspei-, Captain DA NIEL, with a convoy for Oporto and Lisbon, remain .at.Spithead. - . Arrived this, day his Majesty's ship Nymph, from Portugal. ~ Sailed this afternoon his Majesty's ships Ant and Dexterous, with the undermentioned ships : The Favourite, - ; Aquilon, Thomas_; John, -; Lord Huwick, Anderson ; Noah, Bowman ; Elizabeth, ----.; Unity, Gardiner ;. Charlotte, Watson ; Gulphino, Pinto; Progtess, Barker; Plicenix, Tomlinson ; and A ta. anta, Marshall, for the Downs, last from Oporto. PLYMOUTH, JULY 30. -- Arrived his-Majesty's schooner" • Whiting, from Torbay, and the French schooner La Balance, from Guadaloupe, laden with coffee and sugar, bound to any port in Fiance, (forty days passage,) captured by his Majesty's - ship Eme rald. CORK, JULY 2G.—A fleet of transports from Lisbon, bound to this port; was spoken Vith yes terday off the coast by a Pilot 'Honker. It will pro bably reach the harbour this day. Captain Moßais,,late of the Espiegle, has been ap pointed to the Jalouse sloop of war. • The Fortunie frigate, which arrived in this bar bour a few days back, had been ordered by telegra phic signal to join .the'Expedition.-=These instrue ;ions were, however, countermanded, and she was diredled to receive on board the crew of the 'limier ilarn stare-ship, and swine stores, 'and proceed for this port as expeditiously as ,possible. The orders were all communicated by, signal. „ STATE PAPERS. GREAT BRITAIN AND AMERICA. MR. CANNING TO Mlt. PINCKNEY. Foreign Office, April 30, iSog; SlR,—When I had the honour totrainnnt to fou, on the 24th of December last, the Orders in Coun cil passed on the 21st of that month, I referred^ to that passage of my Official Note of the 23d of Sep tember, 1808, in. which I stated to you, that " it is not improbable indeed that some alterations may be made in the Orders in Council, as they. are at present framed—alterations calculated not to abate, their spirit or imp& their principle, but to adapt them more exaaly to the different state of things which has fortunately grown up in Europe, and to combine all practicable relief to neutrals with a more severe pressure upon the enemy ;" and I at the same time explained to you the grounds on which the de sign of the larger alterations which had been in con templation/in, September was for the time laid aside. By the Order of Council, which I have now the ho .nour to inclose to you, that desigc, as ewlained in my Official Note of September 23d, is fully buried into execution.--I have the honour to be, with the highest consideration, Sir, your most obedient ht:un hle Servant, (Signed) GEORGE CANNING. William Pinckney, Esq. &c. &c. &c. (Here follows the British Order of the 26th of April.) MR. ERSKINE TO MR. SMITH. Washington, jure is, 1809. Su ---I have the honour to inclose the copy of an Order of his Majesty in Council, issued on the 26th of April last. ' In consequence of official communications sent to me from his Majesty's Government, since the adop tion of. that measure, I urn enabled to assure you, that it has no connection whatever with the over tures which I hare been authorised to make to the Governtnetit of the United States, and that I am_ persuaded that the terms of the agreement so,happily concluded by the recent negociation, will be strictly fulfilled on the part of his Majesty. The internal evidence of the Order itself wotild fully justify the foregoing construction ; and more over it will not have escaped :your notice, that the repeal has not thereby been made. of the Order of the 7th of January, 1807, which, according to the en gagement I have entered into, on the part of his Ma jesty, is to be abrogated with the other -Orders, in consequence of the adjustment of differences between the two countries, and the confidence entertained of a further conciliatoiy understanding.--I, have the honour . to be, with the highest r e spect and corwi deration; Sir, your most obedient humble servant, (Signed) D.. M. EliSicINE. The-Hon. Robt. Smith, &c. &c. &c. • • MR. SMITH TO MR. ERSKINE. Department of State, lune 10, 1809. have the honour to acknowledge the re ceipt of your Note of this day, communicating the Orders in Council, issued by his Britannic Majesty OD the 26th April last. However well persuaded the President may, at all times, have been that the arrangement, so hap pily effe6ted by the late negociation, would be saltily fulfilled on the part of his Britannic Majesty, he has, nevertheless, received with satisfaetion your renewed assuance to that effect, with the further assurance, founded on official communications to you from your Government since the adoption of the Order in Council of the 26th of April, that that Order was not intended to have any connection whatever with the overtures which you have been authorised to make to the Government of the United States.— ' have the honour to be, with the highest respect, your most obedient servant. ' (Signed) lion. David M. Erskine, &c. &c. &c. R. SMITH. Fresh accounts have been received from the Done•. gal, on board of which is LOrd WELLESLEY and the suite of theembassy to Spain. On the 26th.ult, in 30.. W. long. and 49.'N. lat. about Go miles south of Scilly, all well. The Donegal had taken th.ree prizes, by which this intelligence has been receiv-.:A. TRIAL OF LORD GAMBIER. FIFTH DAY. Gladiator, Monday, 'lull 3t. The Court having assembled at nine o'clock; the PRESIDENT called upon Lord GAMBIER to proceed in his defence. The President then observed, that if there were any witnesses present, it was the pleasure of the Court thif they should -vvitlidraisi. Lord Cochrane immediately came forward, and submitted to the Court, that, according to the esta blished custom of Courts Martial, it was not usual to exclude witnesses during the reading of the defence. The PRESIDENT." My Lord Cochrane, it is the wish of the Court, in the present instance, that the witnesses Should be excluded." Lord COCHRANE..—" I beg to observe, that tin the case of Admiral Harveh which. is exatily - in point, the- witnesses were allowed to remain in Court during the reading; of the defence.' 1 submit .there fore that, without any irreguiarity, the witnesses may remain in Court PRESIDENT." My Lord Cochrane, the Court ha'Ve'deliberated upon the subjet, and have resolved., that-the .witnesses, shall not be present ; your Lordship will ,therefore .have the goodness to • • Lord. Cochrane then retired, and the President in ' timated to Lord Gambier, that his Lordship was at liberty either to read his defence himself, or appoint any person he pleased for that purpose. Lord GAmBIER.--" am exceedingly obliged to the Court for their indulgence. Mr. Greetham has been ao kind as to say he would read it for me." The PRESIDENT:---" Certainly; or any one your s Lordship plemes. - The JUDGE ADVOCATE then read for him, as fol. lbws • - 1 Mr. PRESIDENT.--I thank you, Sir, and the rest of the Members of this 'Honourable Court, for having complied with my request, that a short interval might be allowed me before I entered on my de fence. I have also to express 'my satisfaction, that the whole of my condutt and proceedings in Basque Roads, is now under your consideration in consequenceof my having applied for this Court Mar-, tial. The necessity of this ain't be evident; either I had to adopt this measure, or by a tacit acquiesCence in the insinuations thrown out against me by Lord Cody ran; have compromised not only my own honor, but also that of the brave officers and men under my command. The proceedings of the Court, will shew, whether any miscobduct has existed in the exech tion of the service under consideration: it any has existed, of which I am perfedly unconscious, it-is right that the nation should know it; not as resting on the unsupport&i opinion of ,an individual, bat:- on the unprejudiced judgment of this tribunal. I was prepared, when I first came before you, with what appeared to me a complete justification of my conduct and proceedings a's Commander in Chief of the Channel Fleet, employed in Basque Roads, between the 17th of March and the , 29tti 'of April last, to which your inquiry is die' led but I could not be aware of the oral testimony that was to be brought forward in support of . the charge which their Lordships have, at the instance of Lord Cochrane, been induced to make against me ; namely, that on the 12th of April, the ene my's ships being then on shore; and the signal - having been made that they could be destroyed, I did for a considerable time negled or, delay taking etfeetual meastires, for destroying them. I was ready to ad mit, that, froth . . the tithe 'of my observing . on the morning of- the 12th, the situation of the enemy, communicated to me also by signal from the Impe rieuse, some, time did el,fpse, before the enemy's ships were attacked ; but I was prepared to prove most incontrovertibly, that no neglect or unnecessa ry delay took' place in •erfedinv the destrudion Of - those ships ; and I have now thesatisfaaion to firid,• that out of all the Offit:ers of the fleet ..vho are summoned on this trial, the charge rests on unsupported, and I may say already refuted, tes timony of the Captain of the Imperiense. I be lieve there is not a precedent td be found in the naval annals of Great Britain, of an Officer of the_ rank I have the honour to hold, - commrineling a fleet which has performed so important a, service as that accomplished under my direCtion—approved as that set vice has been by the Board of Adtniralty, and cobsidered by his Majesty's Government as even de serving.the thanks of both Houses of Parliament; bei :g obliged, , from a sense of what is due to his own character and honoW . , as well as to the pro fession to which he belongs, to appeal to a naval: , tribunal, against the • loose and indirect accusationt of .an Officer so much his'inferior in rank. I am, warranted in saying, that the execution of this ser vice was approved by the Board of Admiralty ; because, in a letter from-their Lordships' Secretary, dated April 22, acknowledging the receipt of , my public dispatcheS on the occasion ; he says, he is commanded by their Lordships to congratulate me, on the brilliant success of the force under my com mand, in the attack of the enemy's ships' in the Isle d'Aik Roads, by four yessels, and subsequently by detachments from my fleet, which terminated in the 'captitre and destruCtion of four of the enemy's ships; and to signify their Lordship's directions to nie, to express their approbation of the great exertions of Rear-Admiral Stopford, Sir Harry Neale, and the several other Officers mentioned by me, as having been most actively employed, and having particu larly distinguished themselves upon this important service. Lord Cochrarie, however, warned the No ble Lord at the head of the Admiralty, that if this measure were attempted, he should, if standing albite, oppose it so tar as regarded the Commander in Chief ; thus, without specifically objecting to the thanki being given ,for the service performed, di reOting. his hostil►ty personally at rne, and making his attack 'as publicly, though not so fairly, as if he had at once exhibited formal charges. • Lord Cochrane, as a Member of Parliament, may most assuredly support or -oppose public 'measures, ,as he shall think proper. In the present proceed ings, however, •he stands in tfte situation only of an :Officer serving Under my command, as appears by the following letter to me from the First Lord of the Admiralty :•-• "Admiralty, May 2q, 1809. "MY LORD—Having in conversation inforthed Captain Lord Cochrane, that it was the intention o: his Majesty's Government to move the thaniis ut both . livaies of Parliament to your Lordship, and to the Officers, seamen,. and marines serving under' your command in Basque Rods, Lord Cochtai,e de clared to me,, that in the event of such a measure be ing proposed in 'Parliam,.nt, he , shou d fed bound, by his public duty, to object to the thanks, as far as they should apply. to the Commander in Chief. Under these circumstances, it has been deemed ex pedient to suspend the motion for the Vote of Thanks, and call upon Lord Cochrane to state the ground on which he has intimated to the First' Lord of the Admiralty his intention to oppose the Vote of Thanks, as far as respe&s your Lordship, that the Board of Admiralty may thereby be enabled to judge how for the grounds to be stated by Lord Cochrane may be of a nature to suspend the mo tion in Parliament, or to call for arty further investi gation by the Board, or in any other, way. I have felt it due to your Lordship to give you the earliest ,information of this state of things, and to acquaint you that a letter will this day be written to Captain Lord Cochrane, in conformity to . the above re,olu, tion of the Board of Admiralty, a copy of which, to gether with the answer of Lord Cochrane,- will be without delay communicated to your Lordship. I have, &c. (Signed) gf-MULGRAVE." Whether Lord Cochrane suppased lie might with impunity endeavour to lower me in the. opinion of my country and my Sovereign, signal marks of whose favour - had at this instant been exclusively conferred upon himself ;—whether his, Lordship thought 'he could exalt his own reputation at the expence of aline—and whether be expetted that his threat would:intimidate me to silence, I know not. But if these. were his ideas, I assure ' myself the result will prove to him that - they . were founded in. error—for L will never permit any man to proceed as Lord Ctiehrane has done, without availing myself of the means which the laws of my country atferd, to shew the fuility and injustice of such' an attack. By the letter of the Se'cretaiy of the Admitaity to Lord Cochrane, alter making his undefined accusa tion againsi his Admiral, he excises himself 'tom. explanation by a general reference to the log and sign.tl books of the fleet, without knowing, it I may judge from the iiiiperfed state of hts oNu I.)g, what that general reference. might produce.— Therefore, because he does not accord with me in opinion, Lord COchrane, whese extent ~of re spOnsibility has perhaps never exceeded the charge of a single ship, and to whom in judgment' I will not reduce my experience to a 'compai ',awl, be comes my accuser;' whilst from my situation, I am responsible for every•,act of my fleet, and for the tate , of every ship composing it. I ant so colifide,t, and I 'hope it is already evident to the Com t, that Lord Cochrane has no cause whatever tor accusing tne of any dereliction of dui , that it +night • ahnost be supposed sorn, , ,bing had occurred in my 'persou.il Condud . towards his Ludship hich had afforded 11,in grounds of dissatisfaction. The contrary, however; is the tad. More liberality could ,not have been shewn than Lord Cochran , received at my hands ; and although a considerable degree of dis. • appointment was manifested throughout, the fleet on . his arrival to condut.*:be ..ery ice to be performed by • fire vessels, yet evety Othcer iu the fleet-rendered him the Most steady assis,ance,_ not only in valuable suggestions,' the entire credit of w hich seems to have been assumed by his Lordship,: but . by every. .ot her ..meAtis--that zeal and courage 'could .Ifford , . - Lord Cochrane, on presenting himself to me attar Lt. tion, was general 'in complaint of. the Officers wit° Commanded the other s, ips engaged at the same tints with himself,' in the attack of the enemy but • mg equal means with his Lordship of judging of the conduct of those Officers, I do aver that it a. as highly rvieritoriou.•. At the time Lord Coch rane made this g,-neral complaint, I had not Ithe smallest suspicion that there existed in his mind .those sentiments of disapprobation of my conduct,' which by his proceedings' since his return home,: I amah suppose he then entertained. It would,fin such 1.-ease, have been liberal, and, l think, also his duty, , ilfohave madea communication to me to that eifeCL. I should then have been 'enabled to have guarded to, .some measure against his attack upon my character, i on his arrival in 4ngland. I scarcely need observe in this Court, that however highly courage iS to be valued in an Officer, it is always incomplete its consequences, without the' equal exercise of judge ment and discretion ; it being the thity of a Cond. mander not only to destroy his enemy, but to accony . plish -that destrudion with the least possible loss on his part ; 'and, Isubmit l 0 the Court, whether there ever was a service, - which, under all circumstances, more required the exercise of, those qualities this! the one in question. The affect t plodueed exceeded my most sanguine expeclations; and, I believe, the expectations of the whole fleet. The points under the 0 \1 ;4 d t h e e r a r t the i n o l a t p t shee ofC Court e a p betweenp e a r , fo b t e h t e h d e f s o c l 0 1 o v e w r i y n g u : the morning ot the enemy's ships being on shore, and the attack,was not, under all circumstances, absolute-• ly necessary for the advantageous accomplishment of the intended service ;—whether it was not my' duty as a Commander in Chief, to be governed by a general view of the whole of these circumstances, rather than yield to the suggestions of one, dud that - a very junior officer ;—and whetter an rat.. Tier attack wduld have been attended with greater ad' vantages short, was there nut accomplish ed, at the time the attack was mach-, all, that could at,-any Terms have been etietted. It is in. su pport of-the' propositions, I undertake to shew, as indeed is already in evidence before you, that had I not-de layed sending in the` ships to the attack until the tithe I did, the loss of ships, and of the lives of valuable seamen, would, in the opinion- of all, time officers of the fleet, have amounted to a large pro' portion of the force so employed. And-ye' it seems that I am now represented as desert ing of censure for having prevented that wanton destruction ;. but I Lull satisfied the Court will, ty the ,result of ti,eir in vestigation, find, that not a single, additional. situp of the 'enemy- would have been destroyed by a 'more early adoption of those 'measure.. winch it iS imputed to me I delayed or neglects 4.. I soall.how proceed to the direct matter of iaquiryand charge , to which my letter to the Lands Coininissione r4 of the Admiralty, of the toth of Mat:, pertly applies. This letter ,was wriwn my being informed that my public dispatch of,the 14th ut A, 41 had been considered as not sufficiently explana.ool . ! but even that letter proves short at. what , 'has ra become necessary to . submit , o the Court, am on my def rice. 1 . ill irnture here t 0 t:Xplv' firm conviction, that during the whole 'kraal bit e is the subject of inqUiry, and More pat titular:}' pit ,